Credit:Tom Sofield/LevittownNow.com
The Pennsylvania Department of Community and Economic Development threw out a complaint filed by a group of Neshaminy School Board candidates.
The complaint, filed by a Levittown lawyer of behalf of the Save Our Schools candidates, was filed in an attempt to stop the school board from getting a bond that would allow the district to borrow $53.9 million to finance $20.9 million in renovations for three schools and build a new $33 million elementary school in Lower Southampton.
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Candidates Robert Sanna, Robert Feather, Staci O’Brien and Karen Lowry, who are opposed to the plan, claimed the district delayed their ability to review full documentation related to a bond the board voted on last month.
The group claimed in its initial filing that the district “failed to comply with federal rules and regulations promulgated by the Securities and Exchange Commission requiring municipal entities to disclose to the investing and interested public certain matters regarding the issuance of public debit.”
Department of Community and Economic Development Acting Secretary Dennis Davin wrote in a March 13 response to the complaint that the department does not have jurisdiction over three of the objections and the fourth was not fully fleshed out.
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From the ruling:
“While the Department may hold an evidentiary hearing if it has cause to believe that there may have been fraud or bad faith or a violation of the Debt Act by the governing body, it will not do so absent well plead facts to support such a belief. A requirement that an evidentiary hearing be held in all instances would permit disgruntled taxpayers, who were unable to convince the school district that its decision was unwise or incorrect, to raise legal roadblocks which would delay or even block such a decision.”
Davin ordered the entire complaint to be dismissed.
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“The process of issuing this bond was conducted in a professional, competent manner with full public disclosure and transparency in strict compliance with all applicable laws. The plan that will be funded by this bond issuance will allow the district to solve building and under-utilization issues and achieve academic excellence with new educational programs and opportunities for our students, all in a fiscally responsible manner,” a statement released by the district Thursday morning said.
School Board President Scott Congdon said on Tuesday night that the complaint “took no one by surprise” when it was filed last month. He added he expected the district to prevail and hoped it would not cost the district time and money.
Feather, Lowry, O’Brien and Sanna were not immediately available for comment Thursday afternoon.
